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About Google Book Search Google's mission is to organize Ihe world's informalion and lo make it universally accessible and useful. Google Book Search helps readers discover Ihe world's books while helping authors and publishers reach new audiences. You can search tlirough the full text of Ihis book on the web at http: //books . google .com/ Collection ano %\>tit^stmmt or CELEBRATED CRIMINAL TRIALS IN SCOTLAND. FROM A.D. 1536 TO 1784. wrru HISTORICAL AND CRITICAL REMARKS. uv HUGO ARNOT, ESQ. ADVOCATE. Quae tceleriiiu/turiri, O wrgo, tffarc, h them has laid me under certain disadvantages, viz. the necessity' of delivering my own opinioo upon a variety of difli- cult and important casesj and of undergoing no incon- siderable degree of labour. In the course however of my search, into volumin- ous, obscure, and mutilated Records, I derived great beneCt and satisfaction, from the pohte and cheerful assistance afforded me by the Gentlemen in all the Public Oflices which I had occasion to consult; and in particular from that of Mr. NorriSt Depute Clerk of Justiciary, and of the Messrs. Rouertsons, Keepers of the Kccords in the General Register, whose judicious -and liberal wd greatly alleviated the trouble of my work. And if it shall be honoured with the public approbation, Iiihall think myself amply recompensed for the toil of a long and laborious research. Edinbvxgh, i St Jug. 17S5 .} CONTENTS. TREASON. P^e Trial of John Master of Forbcss, for cotiipiring to astzisinatc King James V. for exciting a mutiny io the King's host, and for attempting to lacrilicc part of ihc army to tbe English, --.._---l Mr. ArcHibaM Douglws, Parson of Glasgow, for the Trca* soaable Murder of Henry King of Scots, - - - 7 John Earl of Gowry, am^Ar. Alexander Ruihven, for con- spiring to bereave hit Majesty of life, at St- Johnston, 5th August, J60O, .-.----23 Robert Logan of Kestalrig, for accession to Goffry's Con- spincy, ..-..-.--54, Fnncis Tennent, merchant-burgess of Edinbtirgh, fpr vrh- ing a seditious pasquinade against the Kinj,', - - 69 Archihnid Cornwall, towm-ofiicer in Edinburgh, foratlcinpt- ing to hang up the Kinj's picture on the gallows, - Tfi Doom pronounced o\eT the Dead Body of Francis Mow. bray, a prisoner, who was ktUed in his attempt to eicapc team Edinburgh Castle, ------ 74 Trial of Mr. Andrew Cnchton, for declining the aiithority of the King and Privy Council, • - - - 71; John I'lccining, for ^landcroiu speeches agaitisL iIk King, 7S Thotnai Rois, son of the late John Rois of Craigia, for wricing and publishing at Ox&md, » pasciuiiiade against the Scots, -_-----.8o James Skene, for treasonable opinions and declarations, S3 Charles Lord Kraser, for high treason, in prnelaiming the late 'King James, to be righteous aiid hnful Sovereign of' this realn), &c. -------go Tl CONTEKT». Pgp Captain Simmi Krascr of Beaufort, and many other persons, mostly of the clan Trascr, for high treason, in forming un- lawful associations, collecting an armed force, occupying and fortifyirg ho;ises and garrisons, imprisoning and ra- vishing persons of distinguished rank, and coni inning in arms after being charged by a herald to lay them down, 90 Mr, John Thomson and Charles Auchmouly, servants to tlic African Company, for treason and leasing-making, by designing and causing to be engraved, a political print, --I0* Archibald Macdonald, son to CoU Macdgnald of Barrisdale, as attainted of high treason, - - - - - US LEASINC-MAKINC. Trial of ^Tr. John Stewart. Commissary of Donkeld, son to Mr. James Stewart of Lady«-ell, for leasing-making a- gainst the Earl of Argjle, and fabricating and uttering lie* and calumnies, contrary to law, _ - . |S7 Ifihn Niven, Capuin of the ship Fortune of London, for leasing-making against Jamet Duke of Albany snd York, 143 PARRICIDE. John Dick9on> for the murder of his Father, " - 14& MURDER. Thomas Armstrong, for the mui der of Sir John Carmichael of that Jlk, Warden of the West Marches, - - U6 Alistrr Macgrcgor of Glenstra, Laird of Macgregor, for slaughtering the Laird of Luss's friends, and plundering his lands, -------- 1+9 Patrick Roy Macgregor, for theft, soming, wilful firc-rais- tng, robbery, and murder, - . . - _ 153 Agnes Johnston, for the murder of Lamb, a child, 156 Andrew Rmhcrford of Tovnhead, for the murder of lames Doughs, bioiher to Sir William Doughs of Cavers, - 15S CONTEMTS. «ii ftp George Clerk And John Ramsay, for tlie murder of John Anderson, mcrcliant in Eilinbargh, - - - ■ 160 James Cray, Utsierin Dalkeith, for the murder of ArcbJ- bald Mumyt Gcnilcnun, of his Majesly'i 'I'roop of Cuanis, ........16* John CliiUie of Dairy, for th« murder of the Right Hon. Sir George Lockhait of Carnwath. Lord Pre«ident of the Court of Ses&ioa, and Member of hit Majeaty*s Friry Council, ..----.. 1(58 John M:utor of Tarbet, EniigR Andrew Mowat, and Jamci Sinclur, writer in Edtnburghi for the murder of Eliu , Poiret, Sicur de la Roche, ..... 17^ John Gillespie, merchant in Cbsgow, John Anderson of Covehill, and Robert Stevenson, glazier In Glasgow, for the murder of Major James Menzies, - • - 18S George Cumming, writer in Edinburgh, for the murder of Patrick Falconar, soldier in Lord Undsay's regiment, 190 Junes Carnagic of Finliaven, for the murder of Charles Earl of Straihmorc, - - - - • • -199 James Stewart in Aucham, for the murder of Colin Camp- bell of Glenure, - - - - - - -SISj Malcolm Macgregor, alias John Grant, for the murder of John Stewart, both of the parish of Clengaim, Aberdeen- ahirc. Doctrine of Prescription of Crimci established, 25> OF TUMULT WITHIN BURGH. David Mowbray, shoemaker, for exciting a tumult in the city of Edinburgh, and rescuing a baker whom tbe hang- man wat whipjnng through the Canongate, by order of the Magistrates, --...-. S69 OF PIRACY. rrt-d of Captain Thomas Green, Commander of the Wor- ceucr, a ship bclonpng to the Engltih East India Com* pany, and of fottrtccn of hii cKw, fiw piracj- and miu> r* " rfii COKTEKTS. dcr, commiitcd on a ship and its crew on the coast of Malabar, --, 278 John ftuiver and ArchibaM Macallum, merchams in Green- ock, for sinking ami casting awa^ of ships, and piratically relanding and selling their cargoes, afier entry in the cmtooihouse, for the purpose of defrauding the under- writers and the revenue, - . . . . 29* OF FORGERY. yir. George Henderson, merchant in EdinburgI], and Mar- garet Nisbet, wife of Alexander Madeod, wigmaker in Lcith, for ibrging a biU upon the Duchess of Gordoo, 317 OF BREAKING OF GARDENS. John Rait and Alesunder I>can, for brca^g of gardens* S43 OF INCEST. Alcrandcr Blair, tailor in Currie, . . - _ 344 James U"iIson, conl-grJeve at Boahardt - - . - ib. William Drysdale and Barbara Tannahill, . - _ 34^; OF ADULTERY. John Gutlirie, for notour, f. e. noioHous adultery, . 351 Patrick Robertion and Marion Kf^mpt* for adultery, - 35$ John Fra-tiT, writer in Edinburgh, for adultery, - - ib. Margaret I laJily, for adultery, ----- 357 John Murdoch and Janet Doughs, for adultery, - - ib> OF FORNICATION. Cliriitopber Ijttle and Margaret Jameson, for fornicatioa and theft, cbargi^d agalnu them in one indicttnenr, . 359 OF BLASPHEMY. ^ Thomas AiVcnhcad, for denying the Trinity, and the au- thority of the Scriptures, and for maintaining the elcii^i- ly of the world, ...--.- 353 COKTKMTI. ftOF OTHER CRIMES AGAINST RELIGION AND THE STATE. Page Trul of John Ogilvie, Jesuit, far saying of M%ss, acknow- ledging (he Pope to be judge in controverun of Religioa^ and decliniitg to aotwcr nruin qaestion^ put bjr his Majnty'i CommUsioners, concerning tlic Pope's powers (o excofnmuninte Kings, the murdn- of a King cxcoin* municated wd depoied bf the Pope, and a subject's be- ing abiolved from the allegtaoce due to such a King, S69 Mr. John Wallace, for uying of Mass, being habit and re- pute a PopUli priest, and refustug to take the furmub, S77 Sir James KcT) for celebrating dandetitne and irregular marriage, .-■-..__ 380 John Conuachar, for the same ofiencc, ... $m Mr. Daniel Taylor, and twenty-four other preachers of the £piscopal communion La Edinburgh, Mr. Arthur Miller, preacher in Leitli, and Mr. Robcn Colt nnd Mr. Jamet Hunter, Mustelburgh, for preaching to an Episcopal con- gregation, without letters of orders from a Protestant Bish- op; and without praying for ICing Geo«-ge by name, - 386 WrrCHCRAFT. Atiion Pearson, --•>-.. 39^ Janet Grant and Janet Clark, ..... 391 John Cunninghame, -••••--ib, Agnet Sampson, ..-.-._ 394 Euplian M'Calzcaoe, ...... 393 Patrick Lawrie, -_.._,. 394 Margaret Wallace, ....... 395 Uobel Young, -..--.. .394; Alexander Hamilton, -.-.... ^qq John Neil, ---...__jb. Janet Brown, and others, - - . _ . -401 Major Weir, •--.-...403 Isobcl Elliot, and nine other tvomcs, - • - . 40i &kTt^l Impostor of Bui^Urao, Coocluuoa, 405 416 APPENDIX. No. I. Supersedere, or pcnooal prowction from arrc&t, granted to John Earl ofGowrio, June 20, I60O, 417 No. U. Excerpts from ibe < SuiuqiondiE of Tt»»ouii' »- gainst Robert Logunc, elJnt tons to Robert Logane, tum- tyme of Restalrig, ami his tutors and curacorsi on sccouiic of the said tliKesKt Robeit Lognnc's a(XC5ait]D to tbe £■ of ' Cowrie's conspiracy, - - - ..~.^ - - tlS No. m. Trbl of Thomjit Scott, Henry Yaipj &c. for trea- sonably rising in arms, and ketpiug her Majesty a prison- er, on the night that Riccio was uturJered, - - 4fi0 No. IV. Confession of the Laird of Oriniston, who was executed for tlie nwrdcr of Uamley, ... 45s No. V. Trial of tiie Earl o£ Monoun for the launJer of Difnley, - - - »38 No. VI. EzpcDcc of burning oF a Witch, A. D. 1619, . ^S 'i^p#E» COLLECTION ur CRIMINAL TRIALS, >-'%--' OF TREASON. THa! of John Matter ' ofForbess^ for cotispiring to assassiitale King James V. J'or editing a muthof in the King's fiost, and for attempUng to sacrt^c part of the army to the English, John Master of Forbess, on the 12th of Juno, 15:38, waa accused by George Earl of Huntly, before the '"'^^ King and the Lords of the Privy Council, of the crime of Treason. The Treason charged was, that the accused had conspiredj the King'9 death, by me- rl; and that, when it should please his Ma- jesty to visit the town, the Master of Forbess should Confine himself within hb own apartments. No further procedure was held in this matter till the 8tli of December, when the King directed a warrant to the Ptivy Councilt requiring them to give orders to the Justice Clerk to take surety from Lord Forbess, as well as the Master of Forbess, that each of them remain in Edinburgh Castle till the)' find bail, to the t extent of 10,000 mcrks, to appear and stand trial when called on. I I I I • For the ralue of Scouuii money in those liinc^ sec Amot'i Uiil. of EtTribuigh, p. 87, 90, Sec. t RecofJutt. llihI>t-centl]Cr, 1.>S6. llih Jiilj-. IJ3T. TREASON. On the Hill of July, 1537, he was trietl foi: High lSit\ Treason before ttie Karl of Argyle, Justice-Genera!, and the Commisstoners of Justiciary. 'J'hc indict* mem contained several charges, * That the prisoner ' was guilty, at-t mid pari,* of a treasonable and abo- * minabte coo^pi^acy to perpetrate murder f upon the * King's most noble person, by the shot of a culverin^ f when his tlighnc»s was in his borough of Abei'deen, '-for the purpose of adminis1erit>g justice within the * northern parts of his realm; (bat he was concerned, *. art Olid part, in the treasonable mutiny which arose / in the last Koyat army that marched to the borders, ^ for national defence, against the English forces, tbo *£cottish army being then at Jedburgh^ and that be * traiterously conspired the destruction of a part of * the army raised to oppose the incursions and rav< * ages of our ancient enemies of lijigland, who were * hovering upon the borders, to the imminent peril * of the army, and to the great danger of the state; * also, that he traiterously aided our said enemies of ' England.* I-lttcen persons, some of them men of distinguish- ed rank, and all of tham of respectable station, sat upon the jury. They were, Robert Lord Maxwell, William Master of Giencairn, Knight, Sir John Mel- ville of Raith, John Hume of Coldenknows, George Crawfurd of Feddorat, AU-xander Leslie oi Pitcaplc, * Art aitd pari a a phmc id the Scoiiisli taw, wlii '* till he be dead, and to be quartered and diaQiember- * ed as a traitor.' Drummond of Hawthomden, and the later Scot- tish writers, have thought proper, for what reason I know not, to pronounce! decidedly tliat this was an unjust sentence. The following reasons, however, lead me to think, that we are by no means entitled to conclude that the jury returned an iniquitous ver- dict, which wn$ to infer so dreadtul a doomj and that our idea of the prisoner's innocence cannot exceed bare conjecture. The evidence given on his trial is not recorded in the books of Justiciary, nor was it in use to be taken down at that period; and the presumption surely b, that a jury would not, contrary to their conviction, sacrifice the Ufe, for- tune, and Hme of a fellow citizen. About this period two inveterate factions sprang up in Scotland. Lord Forbes was, perhaps, the very * ]3Tai«,ii on a hurdle. f Diummond'i Hiiu of tlie Jamei's, p. 101, Scott't Uiit. cf ScaUnd, p. S44. I TREASON. man of rank in the north, fHagtiaeJamtUae ctJiK- \s%' •.■princeps' who professed tlw doctrines of re- £mution; hence we may su^>cct the panultC; of racceeding writers when treating of this Lord and hie faniUy. Suchof the proceedings against the prisoner as we still can distinaly trace, were neither harsh nor precipitate. '1 he Earl of Huntly, the accuser, was ordained by the Privy Council to find surety, to the amount of dO,0 taon; whereas the prisoner, and Lord Forbess, by ex- press warrant, under his Majesty's hand, were re- quired to fiad surety only for 10,000 mcrks, to stand trial when called on. Upwards of thirteen months elap>ed between the accusation and trial, a period lurety sufficient for the abating of passion, and the invcatigatiog of truth. The prisoner wis a man of impetuous temper and profligate iifc^ a person who, .although many believed him innocent of conspiring the King's death, although he denied it on the scaf- fold, yet the public hardly regretted his fate, on ac- count of his proHigacy and wickedness; and he him- self acknowledged that he dcsf rved to die for the murder of the Laird of Meldrum. Even in those barbarous times it was not uncommon for a prisoner to be acquitted by his peers of a charge of treason. Robert Lord Lisle was fried before the King himself, by sixteen Lords and Barons of Parliament,! who • Tlie CMC of Cowry >Sordt a notable instance, that a chanw *p«oa oi TcToiiiiattoii vru vae to find in hit partf advoc^tei lead;-, notonly lo.^ipeofftic imputation of conspiiKy, buiw t«(«t ibccbaige. , t 19th MaKh, nSl. Axnot'i Hist. p. 64S. • TREASOK, 1 537 ^'^0 pronounced him innocent of the treasonable ^"vsj correspondence with the English witli whicli he was charged. And Archibald Dougtiss, when prosecuted for the treasonable murder of Darnley,* in the ver< diet of his jury, esperieoced the tike justice, orjh. vour. Two eminent Scottish historianii were cotein> porarjr with the Master of Forbess. At the time of his trial, Buchanan was thirty-one years of age; and 3Lesly> it is probable, was about the saine period of life. They both mention the conspiracy to assassinate the King; but such is their inaccuracy, that neither uf them takes notice of the charge of excitiug a mu- tiny in the Scottish ui-my, or that of a treasonable correspondence with the English. Lesty dees not insinuate that the Master of l-'orbess sulTcred an un. just sentence,! but observes that his father, the Lord Forbess, after a tedious confineiAent in Edinburgh Castle, on the same account, upon a more minute in-i vestigation, was exculpated from every smpicioa of guilt. The indecisive ambiguous report of Buchanan, that many thought the ISlaster of Forbess innocent of meditating an assassination, at the same time that his other crimes rendered him deserving of death, is the slippery foundation on which the carelessness or par- tiahty of later authors has reared the fabric of his in- nocence, glittering in distant prospect, but vanishing upon approach. I present the reader with the passage from Buch. anan. 1 will not d^rade his stile by attempting to translate it. * Joannes Furbosius, juvenis accr, et 1 • 26lh May, I5S6. t Lesly du Rcb, r. p. 146. TREASON. ^-ma^naejaniiiiae etjitctioms prhtceps, ab HuntUtio 15*1 * acmulo cr«//ft(r opprejsus. Erat enim quidam Stra- '""•^^ * chanus, homo ad quodvis flagitium promptus, mul- * tos annos Forbosio valde famiiiaris, et omnium ei * nequiter patiatorum aui ronsciiis, aul partjceps^ aut * miciOT. Is parum (ot rebatur) ab eo pro merito '* cuttus ad inimicum cjuj Huntileium se coofcrr; ct ' crimen capitile, vel ad emn dclulil, tt/ (ut phirimi * putant) una cum eo confinxit: Quod Forbosius vi- * ddlcic, ante annos complures, de rege occidendo * consilium iniiset. Id crimen, quanquam nee satU * firmis argumends, ncc idone'is tcstibus fuissct pro- * batum, et studia inimicorum in judicio nemioem * laterent, 13 die JuUi, a judicibus, magna cs parte * 2b HuDtileio conductis, damnatus, capite luir. Sed * ejus sup]>iicium \TiIgo minus trislc fuit, quod, ctsi * criminis, ob quod pocnas dcdcrat, cspcrtem homi- * ncs nrdernl, tamcn, ob supcrioris vitae Minora, * roortc non indignum ejislimarenW* Mr. Archibald Douglass^ Parson ofGlasgo-a.^Jbr the Treasonable Murder t^fJIenry AV/ig' q/' Scots* Archibald Dooglas was cousin to James Karl of 1519 Morton, Regent of Scotland. By him he was ap- ^--^ pointed a Lord of Session on the 1 1th of Ntivembcr, 1578; and> in the interval between the dou'nfall Bucliinnni HiA. lib. 14. sect. 59< TREASON. isso and execution of the Regent, he was dismissed from v-'vvi the bench. On the 31st December, lS80,the Earl cf Morton, and the prisoner, were both accused before the Privy Council of the murder of Darnley. The King sent privately to apprehend the piiioner, who was then at Norham; but he, having got intelligence of Morton'? commitmcDt,* fled to £ngl.ind; and Elisabeth, in the usual stile of her policy, refused to listen to James's repeated entreaties that she would surrender the prU soner to justice. * After being degraded from the bench, the Parlia-' ment pronounced, in absence, a decreet oifurfauU^ vrt\ against him in the month of November, 1581. The same Parliament passed an Act of approbation of ihc Earl of Arran's|i proceedings concerning the mur- der of the King's father. This Act sets forth, that the Earl of Arran had accused f the late Earl of Mor-' ton, and Archibald Douglass, as guilty, art andpart^ of the murder of Darnley; that Dougla&s, conscious of his guilt, had fled to England, and continued fugi- tive. And a solemn protestation was entered in Par- liament $ by many Lords, dignified clergymen, and barons, tliat nothing should be hereafter done con- trary to the Statutes enacted Id A. D. )571, and • SpotUiwooJ'« Hittorj-. p. 310, 3+S. f This decree is not entered in tlie rolU of Piirlixmfrai, X Foifcinire. [{ Caplaia Jiimcji Stewart, f Unprlnurd Acts, Ociobn- 24, 1581. General Register. $ 'ITie Aei 1579, c. 36, proliiliti-d ajid amiuHed all dispositions and nlieiuticn) of goods oi cttaicf^, xtadt, or to be made, by xnf perioRt convicwd, or lo be cotiricied> of t?te inurdcr of I>;tni]ryt orcfihc Rcgmc Muttht. TftEAfJoW. » M79, concerning the murderers of the King's fiirher, isse-l till his Highness should Iw of age. ^■""^ •■At what time the prisoner returned to Scotland, tknow nor; but, if my notion of his trial he well founded, he returned in the well grounded Ceen ■t The phrito is the libel is culiculerii. I hM TREASON. 11 t)ic air, by the force of gunpowder, wliidi, for that 158C purpose, they had rca;n:ly conveyed into vaults, and """^ other low and dark, places under ground; that, there- by, the prisoner had incurred ihc patns of treason, and ouc;ht to be punished by the loss of Ufe, fortune, and f^me: thit, turtbcr, he was in the treawnable forfknowlcdt^e of the crime, and concealed it, by which he had incurred the tike penalty: that, as an- other circumstance of his being guilty, art niid part, of perpetrating the said murder, he, in the hurry and hustle whicU accompanied that deed of darkness, tini his Hnclii,'* w litch ncxi day being found upon tho spot, were acknowledged »> be his; that his guile was farther conQrmcd by his flight into £nglind, to which he had recourse when summoned before the Privy Cjuncil to answer for this crime: that he re- inwned in Kngland several years, which was a tacit acknowledgement of Iijs guilt, and that, in Novenv bcr, l^ai, he underwent a sentence of ft>rfeiture for the «aid crime; that his intimate friend, John Bin- ning, who wa< convicted and executed ior the mur- der in June, 15»],(lid frequently depose and declare, that the prisoner was guilty, art and pfirf, of the crime, and did actually devise and perpetrate the. same; and that ginning repeated this dedarntion m presence of the whole people at tlie place of his exe- cttiion: and, lastly, that JimosEarl-ot ^torton before his death confess^ his foreknowledge of the mur- der, and declared it was the prisoner who revea!e tually present at (lie committing of the murder. > b «. JUnc ius difjien. 52 lattQ TREASON. Tlie indictment being read, the prisoner produced a warrant from Ins Majesty, directed to the justicesi ii'qutring them to admit his lawful defences. He declared, that, trusting to his innocence, he desir« no prolocutor; and he pleaded, that the charge oi forekr^owlcdge of the murder, and coocealing tlio same, ought not to pass to tlje knowledge of an as- Mz^, ill respect of his Majesty's pardonj and the Court sustained this plea. The Court then proceeded to name a jury, when an unusual obstacle to the trial occurred. Of, the persons summoned to be upoa the jury, a sufficient number did not give obedience to the citation. The absent jurymea were fined, and the trial stopped; but, from whatever cause the absent persons dedined to sit on this jury» the pri- soner had no mind that the trial should be interrupt-* ed. Kor was the court hostile to his wishes. It con- tinued to sit in a pause till a precept directed to the justices and advocatc-subslitute was procured from his M^ijesty, and produced hy the prisoner. This pre- cept set forth, that the prisoner uas pn'setlllj/ etiUttd mpamel,* to stand trial for the murder of Hewryj that the trial stopped through the not appearing of 2 suflicicnt number of jurors; and it required the judges and King's coun'jet to supply the number of the absents by such gentlemen as liappcncd to be at the bar, or in the court. The advocate-substitute desired that this precept might be entered i" the process as bis warrant, and trial proceeded. llie nine jurymen who appeared, in consequence of their summons, were Patrick Master qf'Graiff * Ptodocft] at the bar. TREASW; Ik chancellor (i. e. foreman) of the jury, James Colvill \Bt of Easter Weemyss, Robert Logan <^Reslalrig, An- "^"^ drew Gray of DunjTiald, Andrew Ixigan younger of Cotfield, Gilbert Gray of HalOinran, Mr. Simuel Cockborn of Templeliall, George Home of Spoct, Patrick Johnston younger of Elphinston. Those who were picked from the bar, and added to the listi were William Kcr younger of Ancrum, Alexander Baillie of Littlegill, Master Robert Fawside younger of that Ilk, Gavin Carmichacl of Wrichtslands, James Logan of Parsonsknows,* Andrew Ker of Greenhead, George Hamilion of Preston, and Wal- ter Kcr, brotlier to the Laird of Greenhead. Seventeen jurymen sat on this trial; thb was un* common, but not unprecedented t Nineteen were summoned to be upon it, of whom nine only obc)cd the citation. The ten who absenteti themselves were. Sir Archibald Napier of Edenbellie, Knight, Sir John Edmestoun of that lik, George Home of Wedder- burn, Alexander Dalmahoy of that Ilk, Mow. bray ot iUrnbouglc, Francis Douglass of Borg, 'l'ho< mas Otter bourne of Redhall, George Home of Brox- moutb, Robert Lord Seytoon, and Patrick CargiU of that Ilk. They were fined £i* each for their dii^ obedience. It might naturally be expected, with regard to per- sons even in the respectable sphere of life to which tbcie jurymen belonged, that the lapse of two hun- * PanoiulcnovK wiu x put of the ctntc of Rcitalrig. It is the fpot on nliich tht hoosc of Mr. Aleiunder Robcitson, one of the piincipnl ckik» of tefsion, is now built. f Ciaig eing v-ilh ftitn in * companif' The pursuer produced tiirce other de- positions, one by the Utc James Ormestoun of that I(k, another by the late John Hay of Talta, and a third by the late Paris, a Frenchman. The prisoner argued, that John Binning's dcposU tions could not militate against him, becau&e they were self-contradictory, the deponent sometimes de- claring that the prisoner had gone to his bed on the night of the murder, and that the deponent left his master's chamlier and went Co his own dwelling- house, where he was taking his repose while that horrible murder was perpetrating; and that, * hear- ing ' file crack «/" tti£ Itlo'txiiig (J' the King's house in * the air -with po-^der, he rose and came to his ma^- * tcr's chan»I)cr, where he found hirft — lying on his * bed, reading on a book,' But declaring, in another part ol hi.'t deposition, that, on the night of the mur- der, the prisoner, alter supping in his own apart- TREASON. W ineot, nobody being with him but the deponent and 1586 Thomas Gairncr, both his seirants, went out at the ^''^'^ back door of his house to the committin;; of the murder, accompanied by these his servants: that tliere was another inconsistency in the deposition; for Bin- ning declared, that, on the next day, he attended hii master to the tolbooth, i. e. to the Court of Ses- sion, which was impussiblei for tho niglit of Uic mur- der was that of Sunday preceding pastern's Even,, which was vacation time^ when the Lords did not sit: furtlier, that the prisoner was not then raised to the bench; and that Binning was not his servant at the time of the murder, nor did he come to his ser- vice for two years after; and he pressed it upon the assize to mark these inconsistencies and contradic- tions. The King's advocate answered, that the deposition of Binning was sufficient to testify the libel to be true; for that, in all the material parts of his evi. deocc, he declared the prisoner to be participant in the murder. The prisoner replied, that Binning was but a tingle miness, which was not sufHcieut to con- vict, in a civil action, far less to infer condemnation for a capital crime. He pleaded further, that tho confession* of tlie Earl of Mnnon ought not to be re- gardcd, for the same had not been produced in i^r- Uamcnt, when the sentence of forfaulture was pro. * Tkit confesiion was suf pi»od al Uie Iidm not to Lave been prodaccd on pnrpow to ntFord the jury » pmcxt for uc()uiLting the prlioncr. And the contriviinec MtA wccea of tliii collusive tri^ w«c inipuictl lo iho iniTipiict of th* M;trtcr of Giny, anJ of Randolph, llie Engliih ambawJ^r. Move»^McrR«li», p. IW, for A. D. 15S6. C2 «» TRKASOK. loSfi nounced against the prisoner; neither was it row ^"^^ hid before the jury; and, besides, the confession was cn:iittGd after the Earl's condemnation, conse- quently it WS3 that of a person dead hi Anp. Hnally, he alledged that the depositions of Ormeston, Hay, and French Paris, far from criminating him, testified his innocence; for that these tlepoacnts described the whole circum?tar.cc3 of ihe viurder committed by them- selves and their accornpHcc!, without making any men- tion of him. The urgument was finished by a reply from the Kit!j;'s advocate, in which he maintained, "that the deposition of Binning, to which he adhered at the hour of denth, together with the notoriety of the (act, and the confession of the Earl of Morton, which was ' moiv than v'}fonovs' to the assize, and to the whole country, and consetjuenily reeded no pro- duction, wore more ihsn sufiicient to convict the prisoner: and he protested for an assize Qf nil fid er- ror, if the jury should cu-morrow? to which he answered, to ride to Ruthven to speak with the tenant's. His Lwdship desired him to postpone that jouiney, and to be ready by four in tlw morning to attend Mr. Alexander to Falkland; to take Andrew Ruthven with him; to • The Lords ^ ArtUtfi weic a cammitiit! of d>e difTvrcni eliatcf of P.irliaftieili, ivlio ptopiftft! the tuMineitthaTwiitMciJn.c bvfoTc i!u' Uiiisc. llicy were ihii year clioscn on die llUi of Novembit; the depotitiocii were iinjducnl in Fjrtiimem on the l.^ili; tliey must thcrHbrj' liarc bern nnillH lifr.Tfwn llw t]|J]«Dd 1 I I % TREASON. SB m^ee haste back wiih what ensvtr his LordshipN 1600 brother should orders and to leave Andrew with Mr. Abxandpr. Thejr set off at the hour appointed, and arriving betimes at F^kUnd, tl/e Afaslcr^itm the de- poneoc at seven o'clock to sec what the King was doin^. He found his Mfjetty in the court-yard booted, upon which he returned to the Master, say- ing, * Hasre you, the King is coming fonh.' The Mas- ter immediately followed his Majesty, spoke with him for about a quarter of an hour, and, during the con- versation, the King frequently clapped him on tlw shoulder. The Master then bid the deponent rid« m all haste to Perth, as he loved Lord Gowry and hu honour, and acquaint him that the King would be diere with a slight retinue speedily, and tell the Earl to cause dinner be prepared for his Majesty. The deponent got back to Perth about ten o'clock, when lus Lordship enquired anxiously what answer he bad brought; what reception his brother had from the King-, and what number of persons was hunting with lus Majesty? The deponent* said, the answer was, to prepare dinner for the King: that the reception his brother had was courteous; and that there were tundry of his Majesty's household, and some English- men, hunting with the King. The Karl asked what Doblemcn were with the King? to which he answer- ed, * none but my Lord Duke.'}* Me then went to his oc--n house and put off his boots, and, upon h'li return, the Karl ordered him to put on his, the de- • Rcgi&m of Farliamcnt, November, IGOO; Ctoawrt/'i Ac Gduntof OoWTjr's Compirjcji p. 38. rt ifj. I Tbc Dulce of Leaaox. V 1600 poncnt's, ■ coat of auil, ind plate sieves. He asked for what purpusc? The Ear) answered, he had a High- bndman to take in the Sboc-gatc* Aboot half past (wl-Ivc hi54oi'ddii[> bid him bring up dinner. The Earl s»t down to tUnncr with three gentlemen, and, K'hileitliC'Critcoursc'WUcm the table, Andrew Ruth' ven relumed from FalkUind, and whispered to his Lnrdahip. . Soon after, Alexander Kuthven and Wil- liAm Blair came to the Karl, white sitting at dinner, vpuji which the company instantly ros« from tsble; and roy I-ord bid ibe deponent send for his steel bon- net and ganntlct. My Ix>rd then went to tfie /ncfi,i and soon returned with the twing, the Duke of Len- nox, and the Earl of Marr. After his Majesty came to the house, tiie Master of Ruthven asked the de- ponent for the key of the gallery chamber, who an- swered, he had not handled it since the Earl came to Scotland. He then went, at the Master^s dcjirc, 4nd got the key for him from Mr. William Hynd; Immediately upon his Majesty's sitting down to dirt' acr, the Earl spoke privately to the deponent in the room where the King dined, bidding him go to the gallery to his brother. He went; the Earl followed; and they being all three in the charolicr, my Lord 8ftjd to the dcponcat, fani/ wilii m/ /trotiitr, end do ■wktU /lebidst/oit. The deponent then a^^ked tbeMasi tor's commands, which were, to * go into the round * of the clumber,' into which the Maiter locked the deponent, and took the key along with him. Hctl* lie remained locked up, accoDtered in his cait of • Shoe Lane. ^ A level (ieM utrd ai n m^itl, adjoining to Fritlii ca Cx losi |o Fallcland. I I 1 F I nUBkSOK. mail, pUte Umvcs sword and hin;^, but n'antiog 1000 hu steel bonneti All ihe while he JmdMl that soma imsclii^f vr2s to be done; and he knerkN.1, and pnyed lo Ocxi. in ibcut half ao hour Mr- Alexander re. turuedt entered the chamber first, haviag the King by tlic arm, put -oa liis hat, drew the deponAit^ )|#t{^, aiKl xddrasjiog the King, said, * Sir, itom *>JVVi| Ic nnj pri'oncr; n-mcmi>tr on ji:t/ Father'i ^iiifitf^' And, as he held ihehaogcr at hisMajesty'i tjpwr, tlw d«puiicnc wrvDcbed ti out of his band* The King s»id, ■' Mr. Alc^^uider, yc and 1 were vtrf * great logeiiicr; and, as touching your inhet'i dcatb^ ' Man, 1 was but a nuoor.' llie King added, *■ al< *,Xhougi> ye bereave me of my lite, i/c TciU not. ha it£mi^,^'Jic«tkimlj Jbr I /lave bulk, som and tkotgh* f^gniu* ' Mr. Alexander answered \iiih a great oath, Jfim%^ not iiu liic tluc he desired, Uit a proaiific to )u« brother the KarL I'he King said, fdtch hither yotir brotherj and Mr. Alexander stipnhted, that the King should not cry, nor open the uiiido\v' till \m return, and then vent away, aad locked the doop :ttter him. Upon this tltc King asked the deponent, V-How came ye in here, man^' and this deponent answered, * As God lives 1 4m shut in here like a ^ dog.* The King iaid, * Will my Lord of Gowry- * do me any evil, inaiif' This deponent answered, f I TOW to God 1 shall die first.' He then, at tbc King's desire, went (u open the window; but, before he got it opened, Mr. Alexander returned, and «aid to his Majesty, * By God there is no remetly-,' then leaped upon the King, and gripped both his hands. lie, Mr. Alexander htr comliatanu to l]j;lil with 'nnprint in nth hand: Lord Cowry had been long in lulfi and probably vrn jl g[>od twordfinui. Ainot's Hiiu of Edinburgh, p. 7a TREASON. turned home, Iiu wife a^kcd at liiin, * What trouUe * vas within tke place?' To whom be answered, ' tVcU is me of one thing, that, if I had not been * thero, the fCing had l>ccn twice sticked* this oighi: * but woe's me for the thing that is fallen out.' Tht deponent added, that, being met by Mr. John Moo* criefFe on his return from Falkland, who asked. Where he had been, seeing \m boots were on/ Ue answered, some miles beyond Erne, not daring to unfoUl the particulars, as the Earl had forbid him to ^tell the errand.f The l>uke of Lennox deposed, that, on the 5th pf August last, being in company with the King at Falkland, he saw Mr. Alexander Rutbven speaking .,liiviih his Majesty before the stables, between six and «even in the morning. Soon after the King went a _stag-hun(ingi and having killed a buck in the Park .sf Falkland, he desired the deponent to accompany him to Perth, where he meaned to have some con- >Veraation with the Earl of Gowry. The deponent Immediately scot his serv*ant for another horse, and for a sword, and followed the King. When he over- took his Majesty, Mr. Alexander was speaking with him. Shortly after the Duke's coming up, the King rode aside, and said to the dtpoacnt, ' Ve cannot * guess, Man, what errand I am riding for; I am * going to get a posc\ in Pertli: and Mr. Alexander • Sobbed. f AU the iJepotitiont are tubfcribcd bj the icipectiTe wknenei^ % A hitHm tr«uiue. This vm by no means to iinpTobablc » 1^, u one, froni trmtlj viewing miKkm mutuen, wouU dccn k. Till- King Will gi«eo to uixlcrsiand ibu thit Uraagr rata wu an emuMTj- of the Cuait of SfMi, fDiniihud widi a <{ttaii:i[]r of 1 1600 TRZASONf ItiOO ( Ruthven has ioformed me ttut he has ^ood^ if^ ' man that has a pitcher full of coined gold of grcii;] * sorts.' llie King at the same time asked the de^j poncnt what sort of a man he took Mr. Alexander tc bej who answered, * That he knew nothing o£ bit ' but as of an honest discreet gentleman.' The King ^terwards described to him minutely the circuoi- ^^anoes of Mr pose; to which the deponent aosweredy * i [Ike not that, Sir, for that is not likely.' As they fpdc by the bridge of Erne, his Majesty said, * That f Mr. Alexander desired him to keep the matter o£ ^ (he po5e secret, and take nobody with him,' But the King, both at that time, and iu the Karl of- CJowry's Hall at St, Johnston, bid the Duke UiAc tuhit (I e.) take heed where I pass with Mr. Alcxr, andcc Rutfavcn, and follow me. When the Kinfi was within a mile of Perth, Mr. Alexander rode o^ before the company, on purpose, as the deponent be*^. lieves, to advertise the Earl of his approach^ ^d, w-hen they were within two pair q/' /juii-leii^t/is o(, the town, the Earl, accompanied by diverse persoDJl on foot, came out to meet the King. Then his M^^ jesty^ accompanied by the deponent, the Ear^ os. Mart, Abbot of InchiSrcy, Sir Thomas Erakine,* the Laird *dif tJr ccrlaio Jcuiiti, and from Gialiam of Fmirv. larg« ijuaaiiiii:i of Spanidi gold, for the purpose of railing forces. Rec of Jiut. May 24) IJSD. * Cnati:it Earl oi Ki,Lie. I ■ treason: iay^,''John Hamilton of Grange, and John Graham '600 of Balgowan, paswd altofjethcr to the Ea^I of Gow- """'^ ry's hall, in company with his Lordship and Mr. Alexander Ruthven. The King called for a drink, which was long of being brought to him; and it was an hoor ere his dinner was served up. When the desert was on the table, Lord Gowry came to the deponent, and the ether persons of his Majesty's suite, and desired them to dine; which they did ac- cortfingly tn the hall. \Vhcn they had nigh dinc^, the Earl came to them from the King's chamber, and called for wine, saying, he was directed from his Ma- jesty's chamber to drink the King's health, to my Lord Duke and the rest cf tlie company. ImmcdiT ately after tlie health was drank, the deponent rose' from table to wait on the King, conform to direc- tions; but the Earl said to him, his Majesty "xasgonc vp qtadhf some prkdU: erraiid. His Lordship then called itt the key of tlie garden, into which he walk- ed, tn company with the deponent and some others. Soon after, Mr. Tliomas Cranston came to them, cry- ing, * The King's Majesty is On horseback, and riding ♦through the Inch.* Then the Earl cried, ' Honet • Horse!' Cranston answered. * Tour horse i&in towji.* His Lordshijp made no reply, save continually crying, • Horse! Horse!' The deponent and the Earl canic first out of the garden, through the hall, to the closcf and, as they came to the cuter gate, the depoosnt ssked at the porter if the King was gone forth, whq answered, that assuredly he was not. The Earl iaid, >1 am sure he is first always. Stay, my Lord, drink, • and I shall go Up, and get the verity thereof.' Im- mediately he came down again, and affirmed that the TREASON. 1600 King was gone out itthc back gite, arid away. 'Upon this the deponent, the Earls of Gowry and Mstr* with the rest of the company, went out at tlie front gate; and, as they were atamting there in the street^ deliberating where to seek the King, the deponent heard a voice, and said to the Earl of Marr, • Thi» ' is the King*s voice that cries, be xtherd fie tci'W.' So they all looked up to the lodging, and saw his Ma. je«ty * looking forth of the wind*)W, tcanthig his hat^ • hisjace red, and an hand griping his ckeeh- and • taouih, and the King criedy I am murdered! Tred* • Son/ My Lord Marr, help, help!' Instantly thie deponent, Lord Marr, and the company, ran up stairs to the gallery chamber, where his Majesty was, to have relieved him; but the door was fast. Seeing x ladder, they rushed it against the door; but the Ltd* der broke. They then sent for hammers; and, not- withstanding they thundered at the door with large forcing hammers, they got no entrance, till the Earl of Gowry and his brother were both slain. When they got admission, by assistance of those within the chamber, who helped them to bre.ik open the door, they found Lord Gowry lying dead, his brother, Mr* Alexander, being slain, and carried down stairs be- fore their entry. When they entered the room where the King was, the deponent saw, through one of the doors, which was by no means close, the push- ing of halberts and swords; but knew none of the combatants save Alexander Ruilivcn of Erccland; and how soon the said Alexander heard my Lord Ouke's voice, he and his accomplices left that door, and gave no further disturbance. Depones, That he flaw several of Lord GouTy's servants in arms in the I I X TREASOK. dose, both before aod »fter the Kmg dined, and tlint lOQO there was a tumult before the Earl's Jodjprgs, and ^'"^ in the High Street, for about two hours after his Lordship's and Mp. ^\les*iider'3 death. The Earl of Marr's evidence, in, moat things sub- stantial, cerroborated that of the Dukeof Lennox. The A\i\iox of lochailrey deposed, 1 hat lie saw Mr. Alexander Kptliven ^t Kdikland in cx^tuiu'cnce with lUe Xing, for about a hcni he -wilL', Im- j^odiaiely they saw his Majesty looking out of a wio- ^^ipw,- without- his L;it, hi* face led, and -crying, ^Help, my Lord. Man! Tryasonl Treason! 1 am mur- c .; The Abbot of i^U^doi'cs deposed ill ;Jl things agrec- ,^ble to,th^ evidence of the Duke of Lennox; adding, .p^i'C, when the con^pany a^ked if the King was gone ,fprtt)f .)he potter said be was not. The Karl affirm- ed, he had gone out by the back, gatci to which ibe porter replied it, was impo:ii>iblc, for he had the key of that gate. When the King called out of the win- dow, ' Treason!' James Ersjiipe laid hands on the Earl upon the High Street; Sir Thomaii ErskiQe also gripped him, s.iying, * l-ie, traitor! this is thy deed; ' thou shalt die.' To which LordGo«ry aqawecfJ* K 9t TREASON*. 1660 * I know nothing of the matter/ A scuffle then en- '"'"^ sued: the Earl drew boih hU s«'ords, and cried, * 1 * will either be at my own house, or die by the gate;' and, at the head of about thirty persons, he made his way into the place. Sir Thomas Erkine's testimony confirmed those of the two preceding witnesses. He added, that, when he had got into the close, meaning to By to his Ma- jesty's assistance. Sir John Ramsay called to him to come up the tumptA-e * stair to the very top. When he had got up five steps, he met Mr. Alexander Ruth- ven, who was bleeding in the face and neck. Sir ■ Hugh Herries, and others who were with him, cried, * This is the traitor! strike him!' He was struck ac- cordingly, and fell; and, as he was fallen, he turned his face, and cried, ' Alacc! I had not the witef o/'/.'' The deponent then went up stairs to the chamber at the head of the gallery, where were the King and Sir John Ramsay only; Sir Hugh Herries ind a servant followed him; immediately after, Mr. llittmas Cran- ston entered the chamber with his sword drawn, the Earl of GowTy following, with a drawn sword in .-each hand, and a helmet on his head. They struck at the deponent and his ccl!e»gucK, who defended thcuuclves and struck again, and Cranston wounded the deponent in the right hand. At last. Sir John Rano&ay gave the Earl a deadly stroke. The Earl leaned tn his sword; a man held him up; but Iiow soon hisXx)rdship fell, Cranston and the rest of his followers leh the room. i * The DRine ^nca to a winJii^ tulr, nry commcn is Scntlaml. t Blame of it. TREASON. 93 Sir Jolin Raiiua^ deposeJ, that, after having dined on the dsy UDeU«d ia the Earl of Gowry's, he took hi« M^ijo&ty'j hawk from John Murray, in order that the said Jnho might dine. Mibsiug dte King* he and the Laird of Kltencrief searched for hi:) M.ijcsty in diiTcrent apartments; and, when they came into tbo close, Mr- Thomas Cransron told them the King was iMi horitebick, and at the Inch. The deponent ilien run to the stable tor his-horse, and, as he was at the stable-door, he heard iho King's voice, but did ooc understand what he said. He immediately returned^ and, cuieriiig the close, he found a turnpilic* door open, into which he entered and went up stairs, iiearing a struggle and din of feet, he run with his whole force against the door which enters from the stair to the chamber at the end of the gilkry. Hav- ing burst open the door, he saw the King and Mr< Alexander Ruthvcn striving and wrestling; his Ma* jeaty having .Mr. Alexander's head under his arin^ and Mr. Alexander, who was almost on his knees, had his hand upon the King's face and mouih. Hia Majesty, seeing the deponent, cried, * Fic! strike him * liti^h, because he has an p^te (inubkt\ upon him.' Immediately the deponent cast the hawk offhis hand; drew his hanger, and struck Mr. Alexander, and the King instantly pushed Mr. Alexander down stairs. In the rest, he deposed in all points conform to Sir Thomas Krskinc. leoo * Dooi of a. turnpike luir. t PS"'' douhtel wu ^n uiidi.T coat of defcntt, made of win, to ■hield Irc-n the point cf j dHggCf. It wiu worn by piontx or fbet ioldicis. S6 'TREASON. IBflO Robert Christie, porter to the I'.arl of Gowry, saw my Lord Uuke, the Earl of Mmt, and the Earl of Gowry, come into the rloie. My Lord Duke asked the depouent.if ttieKing was gone out? He said, Not. ' Tlien Lord Marr said, ' Billy, tell me the verity if his * Majcity be furth or not?' He answered, * In truth * he is not.' The Earl of Gowry, looking at him with an angry countenance, said, * Thou lie; he 13 ■* furth It the back gate, and through the Inch.' Then this deponent answered, * That cannot be; for * 1 have the key of the back gate, and all the gat«s • of the place." Then the deponent saw his Majesty looking out ofthe window of a turret, cryings*Trea- • son!' &c. Upon which the Duke, Lord ^!arT, and others, ran up the turnpike stair to the gallery. After this Lord Gowry came from the High Street into the close, a steel bcnnct on his head, a drawn sword in his hand, accompanied by sundry persons, all with drawn swords. My Lord and his tbllowers rushed up the Ua'tipike atair^ but the deponent knows not %*hit parsed within Uie place, save by report; nor knows he any more of the iiutter. John Graham of Urqulll deposed * conform to the • Lord Duke of Lennox and Earl of Mart, in all -* things, reddens eandem caustim sciattiae.' John Graham of Balgowan deposed in all things conform to the Duke of Lennox. I 'l\fentjf-tvo more teit/Ksses depose cither in con- firmation of the preceding evitlence, or to other facts of less moment. In the whole of the depositions, there is not a word of the Earl's belt and magic cha- 1 .ictci's, nor of his not bleeding till the belt was ua. I loosed,* :ind c^ the suinnions against ihe Earl of 1600 tiGowry's heirs, and the indiKmcnts agunttt liit> fol- ^'^''^ ^lowerB who were executed at Perth. • la (he account that was published soon aficr ibe concpimcf, botli iIicm: tieU ak mentioned. anJ ptubtlily the^r wccc both 'Tnne. Ftom thctc, two very iIUTeiMH coi)clu&tili[y vf tbrne 'who diKrcditcd (Jtc cgoq^ncyi tLc one, ihallhe nU iilttAag.of xlfctmuWiwofieWuj l» the mlgital(i»ara':Urs^ iIk oUier. ihattUa taie ii to alfturd, ■» to e-ictte Atrong irtipicion cwKeruiag the rtakUf of ihe cojiy^Vfliy. The real matter had bt^a timply lAit; LMrd Cbwcy recdvcd tbc ^p and mortal wound by ttic thnitt of a maUiaxtrd, and he liiid not imoMdiauly Uud cxirnuHy; but, on las doilm on hit bell bving taken off, and the budy bi-ing turned iaio dUIeiYUt p